Case law

Joel Barcelona v. H. Burkes

Court of Appeals for the Eleventh Circuit · Oct 27, 2022

The district court determined that Officer Burkes was entitled to qualified immunity because Barcelona did not have a clearly established right to a hearing aid to correct his asymmetric hearing loss under Gilmore v. … Because Barcelona’s right to a hearing aid to correct his asym- metric hearing loss was not clearly established at the time of the alleged violations, Burkes is entitled to qualified immunity.

Jerry Wayne Glover v. Eight Unknown DEA Agents

225 F. App'x 781 · Court of Appeals for the Eleventh Circuit · Feb 23, 2007

As to the second step of the qualified immunity inquiry, Glover bears the burden of demonstrating that (1) that the agents committed a constitutional violation and (2) that the violated constitutional right was “clearly … Ct. 2151, 2156 (2001), we cannot, as the magistrate judge did here, simply assume that a constitutional violation occurred and move on to the “clearly established” prong.

Cable Atlanta, Inc. v. Project, Inc., Tpics, Inc., Ernest Dixon D/B/A Tpi Construction Supplies, United States of America

749 F.2d 626 · Court of Appeals for the Eleventh Circuit · Dec 26, 1984

The rationale of this decision is that the provisions of the Internal Revenue Code which establish the lien, 26 U.S.C.A. §§ 6321 , 6322, prohibit an award of attorney’s fees when the effect of such award would diminish the … In the cases cited supra the courts denied an award of attorney fees and costs on the basis of this statutory authority, and not upon a general claim of sovereign immunity....

JBP Acquisitions, LP v. United States Ex Rel. Federal Deposit Insurance

224 F.3d 1260 · Court of Appeals for the Eleventh Circuit · Aug 30, 2000

The law at issue in this case is clearly established and not in dispute. "Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit." FDIC v. … United States, 986 F.2d 716, 719 (4th Cir.1993) (noting that "waiver of immunity is tempered by a rather extensive list of exceptions").

David Patton King v. Indian River County Sheriff's

269 F. App'x 857 · Court of Appeals for the Eleventh Circuit · Mar 7, 2008

Appellants, all deputies with the Indian River Sheriff’s Department, moved for summary judgment based on qualified immunity. … A narrow exception exists to the rule requiring particularized case law to establish clearly the law in excessive force cases.

Elaine M. Kitowski, as Personal Representative of the Estate of Lee William Mirecki, Deceased v. United States

931 F.2d 1526 · Court of Appeals for the Eleventh Circuit · May 29, 1991

Feres announced a judicially created immunity doctrine that had the effect of limiting the general waiver of governmental immunity for tort established by the FTCA. … Turning to the third argument first, we clearly have no authority to overrule a decision of the Supreme Court.

United States v. Eddy Wilmer Vail-Bailon

868 F.3d 1293 · Court of Appeals for the Eleventh Circuit · Aug 25, 2017

Sec’y, Dep’t of Corr., 821 F.3d 1325, 1333 (11th Cir. 2016) (“[JJust as Congress does not generally hide elephants in mouseholes, the Supreme Court does not hide clearly established federal law in parenthetical quotations … touching alone is insufficient to establish physical force.

Christopher Jordan v. Secretary, Department of Corrections

502 F. App'x 834 · Court of Appeals for the Eleventh Circuit · Dec 20, 2012

Murphy was entitled to qualified immunity because her actions did not constitute a clearly established constitutional violation. 3  Case: 11-15209 Date Filed: … Murphy was entitled to qualified immunity. Regardless, Sgt.

Lena Williams v. Jeffery Deal

659 F. App'x 580 · Court of Appeals for the Eleventh Circuit · Oct 26, 2016

rights at issue were clearly established). … II Officer Deal argues that he is entitled to qualified immunity because he was acting within the scope of his discretionary authority and because his actions did not violate clearly established law in the particular

Laura Ann Vermeulen v. Renault, U.S.A., Inc., Regie Nationale Des Usines Renault

985 F.2d 1534 · Court of Appeals for the Eleventh Circuit · Mar 22, 1993

If a foreign state is immune from suit in the United States, federal jurisdiction does not lie. Several exceptions to foreign state immunity are enumerated in 28 U.S.C. § 1605 . … The Court explained that the FSIA, and particularly the commercial activity exceptions to immunity, “largely codifies the so-called ‘restrictive’ theory of foreign sovereign immunity.” — U.S. at -, 112 S.Ct. at 2165 (citing

Harris v. James

127 F.3d 993 · Court of Appeals for the Eleventh Circuit · Nov 6, 1997

Second, because § 1983 speaks in terms of “rights, privileges, or immunities,” not merely violations of federal law, only “federal rights” are enforceable under § 1983. Id. … In the dissenters’ opinion, the provision established an enforceable federal right under Wilder . .

Owen v. I.C. System, Inc.

629 F.3d 1263 · Court of Appeals for the Eleventh Circuit · Jan 7, 2011

Such an interpretation would allow debt collectors to violate some provisions of the FDCPA so long as they complied with the rest of the Act, a result clearly at odds with Congress’s intent. See Clomon v. … Jackson, 988 F.2d 1314, 1318 (2d Cir. 1993) (stating that a single violation of an FDCPA provision is sufficient to establish civil liability).

Marcellino Ortega, Rafael Rojas, Raul Rojas v. C.J. Schramm, Indiv. & as Deputy Sheriff of Glades Co., Alex Green, Indiv. & as Deputy Sheriff of Glades Co., Marcellino Ortega, Rafael Rojas, Raul Rojas v. Russell Henderson--Indiv. & as Sheriff of Glades Co., Bobby Burkett--As Director of Florida Hwy. Patrol, Jesse M. Evans,--Indiv. & as Patrolman of Fl. Hwy Patrol

922 F.2d 684 · Court of Appeals for the Eleventh Circuit · Jan 28, 1991

as qualified immunity from personal liability. … The district court then entered judgment notwithstanding the verdict in favor of Defendant Schramm for personal liability under the doctrine of qualified immunity.

United States Ex Rel. Sarasola v. Aetna Life Insurance

319 F.3d 1292 · Court of Appeals for the Eleventh Circuit · Jan 28, 2003

First, Aetna is not entitled to immunity under 42 U.S.C. § 1395h(i)(3). … All we have is Relators’ allegation that a formal contract, establishing Aetna as a fiscal intermediary, exists. 21 1998), Aetna enjoys absolute immunity under section 1395h(i)(

Eloy Rojas Mamani v. Jose Carlos Sanchez Berzain

654 F.3d 1148 · Court of Appeals for the Eleventh Circuit · Aug 29, 2011

immunity and the Foreign Sovereign Immunities Act. … And the well- pleaded facts in this case do not equal the kind of conduct that has been already clearly established by international law as extrajudicial killings or as crimes against humanity.

Sherryl Snodgrass Goffer v. Carl Harris Marbury, Individually and in His Official Capacity as President of a & M Leon Frazier, Individually and in His Official Capacity as Executive Vice President of a & M Jay Carrington Chunn, Individually and in His Official Capacity as Vice President for Academic Affairs and Research for a & M, Franklin Perry, Individually and in His Official Capacity as Trustee of a & M Dinsimore G. Robinson, Individually and in His Official Capacity as Trustee of a & M Irmatine Bealyer, Individually and in His Official Capacity as Trustee of a & M Thomas Fuller, Individually and in His Official Capacity as Trustee of a & M Lucian Blankenship, Individually and in His Official Capacity as Trustee of a & M Chris McNair Individually and in His Official Capacity as Trustee of a & M Elliot Maisel, Individually and in His Official Capacity as Trustee of a & M George A. Miller, Individually and in His Official Capacity as Trustee of a & M Wayman Sherrer, Individually and in His Official Capacity as Trustee of a & M John Stallworth, Individually and in His Official Capacity as Trustee of a & M Oscar D. Tucker, Individually and in His Official Capacity as Trustee of a & M Clifford Walker, Individually and in His Official Capacity as Trustee of a & M Guy Hunt, Governor of the State of Alabama, Sherryl Snodgrass Goffer, Cross-Appellee v. Carl Harris Marbury, Individually and in His Official Capacity as President of a & M Leon Frazier, Individually and in His Official Capacity as Executive Vice President of a & M Jay Carrington Chunn, Individually and in His Official Capacity as Vice President for Academic Affairs and Research for a & M, Franklin Perry, Individually and in His Official Capacity as Trustee of a & M Dinsimore G. Robinson, Individually and in His Official Capacity as Trustee of a & M Irmatine Bealyer, Individually and in His Official Capacity as Trustee of a & M Thomas Fuller, Individually and in His Official Capacity as Trustee of a & M Chris McNair Individually and in His Official Capacity as Trustee of a & M Lucian Blankenship, Individually and in His Official Capacity as Trustee of a & M Elliot Maisel, Individually and in His Official Capacity as Trustee of a & M George A. Miller, Individually and in His Official Capacity as Trustee of a & M Wayman Sherrer, Individually and in His Official Capacity as Trustee of a & M John Stallworth, Individually and in His Official Capacity as Trustee of a & M Oscar D. Tucker, Individually and in His Official Capacity as Trustee of a & M Clifford Walker, Individually and in His Official Capacity as Trustee for a & M Guy Hunt, Governor of the State of Alabama, Cross-Appellants

956 F.2d 1045 · Court of Appeals for the Eleventh Circuit · Jun 26, 1992

Id. 24 Connick refined Pickering and established a multi-stage analysis. … His subjective belief about the correctness of the entry was not relevant in determining whether he enjoyed qualified immunity. Herron v. Bowyer, 850 F.2d 1543, 1546 (11th Cir.1988).

Joel Barcelona v. Secretary, Department of Corrections

Court of Appeals for the Eleventh Circuit · Mar 2, 2021

The district court found that the officials were entitled to qualified immunity because Barcelona only suffered from hearing loss in one ear and did not have a clearly established right to a hearing aid under Gilmore v. … “To establish the defense of qualified immunity, the burden is first on the defendant to establish that the allegedly unconstitutional conduct occurred while he was acting within the scope of his discretionary authority

National Labor Relations Board v. Southern Florida Hotel & Motel Ass'n

751 F.2d 1571 · Court of Appeals for the Eleventh Circuit · Feb 8, 1985

The hotels contend that they were entitled to do so, and thus were immune to an unfair labor practice charge, because they had a permissible business justification to invoke the contract’s layoff provision. … Article V, section 2, provided: Seniority shall prevail by classifications among qualified employees in the case of layoffs due to reduction in business, provided the senior employee is, in the opinion of the EMPLOYER, qualified

Kynnedirae Charles v. Gary Chambers

Court of Appeals for the Eleventh Circuit · Sep 23, 2024

The district court granted Officer Greene and Officer Scuderi summary judgment on Charles’ unlawful arrest and exces- sive force claims, holding that the officers were entitled to qualified immunity. 2 To prevail on a qualified … Charles specifically argues that Officers Greene and Scuderi are not protected by the shield of qualified immunity because they violated her clearly established Fourth Amendment rights against unlawful arrest and excessive

Uniforce Temporary Personnel, Inc. v. National Council on Compensation Insurance

87 F.3d 1296 · Court of Appeals for the Eleventh Circuit · Jul 18, 1996

Thus, appellees' rate-making activity clearly constitutes the business of insurance for purposes of the McCarran-Ferguson Act. See also Group Life & Health Ins. Co. v. … Uniforce therefore argues that the McCarran-Ferguson Act does not entitle the appellees to immunity from its antitrust claims.